Use of the mark in forms different from the registered DOMINIKA WALICKA 24 APRIL 2013.

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Presentation on theme: "Use of the mark in forms different from the registered DOMINIKA WALICKA 24 APRIL 2013."— Presentation transcript:

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Use of the mark in forms different from the registered DOMINIKA WALICKA 24 APRIL 2013

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(…) The following shall also constitute use within the meaning of the first subparagraph: (a) use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered; Art. 15 (1) (a) CTMR, Art. 10 (1) (a) TMD 1

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s Variation of a trade mark – economic need / legal implications 2 Adaptation to the marketing and promotion requirements Alternation of the distinctive character

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Trade mark variations acceptable? 3 Distinctive character of the mark Effect of alternation Practices in the respective banch of business Perception of the public